This Privacy Policy will apply to you if you are either:

1. a Company on the Scheduly platform;

2. an End User; or

3. a visitor to any of our Websites.

By accessing or using the Services or any of our Web sites, you agree to the terms of this Privacy Policy. If we make any significant changes to this Privacy Policy, we will notify you through email or directly through our App and Websites.

Further Information

If you have any questions about our Privacy Policy, don’t hesitate to get in touch with us. Please feel free to reach out to us through our contact form.

2. THE PERSONAL INFORMATION WE COLLECT

We collect personal information (meaning anything that could identify you either by itself, or when combined with other information we are able to gain access to), as described below. You can always choose not to provide us with your personal information, but it may mean that we are unable to provide you with the Service you have requested.

Information you provide to us when creating an account

When you create an account using either of our App or Websites, you provide us with personal information, including your name, e-mail address, postal address, a password, the name of your business (if you are a Company) and your phone number (if your device has one).

We may also collect credit card details and billing address in order to process payments for the use of the Service. These credit card details are securely transmitted to a selected third party (payment gateway) for the sole purpose of processing such payments. The payment gateway is responsible for securely storing such credit card details and for limiting their access to authorized users.

Information we collect as you use our Services

App and Browsers

We collect information about your browser when you visit our app our Websites.

For Companies

If you are a Company, we will collect the following details about you:

• business related information: your business name, a description of your business, titles, names, and bios of your staff members;

• availability and scheduling information: information about your business calendars and staff availability from your Scheduly account;

Information About Others

Through your use of the Services, we may also collect information from you about someone else. If you provide Scheduly with personal information about someone else, you must ensure that you a re authorised to disclose that information to Scheduly and that, without Scheduly taking any further steps required by applicable data protection or privacy laws, Scheduly may collect, use and disclose such information for the purposes described in this Policy. If Scheduly has been given personal information about you by another user and you would not like us to retain it, please contact us using the details given in Section 1 above, and we will delete it.

3. COOKIES, PIXEL TAGS AND OTHER WEB BEACONS

A cookie is a small file of letters and numbers that we store on your browser or device if you agree. Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions. When you access these pages or open email messages, the pixel tags and web beacons generate a notice of that action to us or our service providers. These tools allow us to measure response to our communications and improve our web pages.

We use the following types of cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our Websites. They include, for example, cookies that enable you to log into secure areas of our Websites.

• Analytical/performance cookies. This helps us to improve the way they work, for example, by ensuring that users are finding what they are looking for easily. We use these to remember who you are and keep track of your preferences

Google Analytics

Our Websites use Google Analytics to show relevant adverts to users who have previously visited us as they browse the web. This enables us to tailor our marketing to better suit your needs and only display ads that are relevant to you. You may see Scheduly or one of our Companies in search results pages (using Google Adwords), on YouTube, in banner adverts on Gmail and on other services run by Google.

Any information collected will be used in accordance with our own privacy policy and Google’s privacy policy . If you do not wish to see ads, you can:

• opt out of Google’s use of cookies through Google’s Ads Settings

• refuse the use of cookies by downloading and installing Google Analytics Opt-out Browser Add-on .

Opting Out of Cookies

You can refuse to accept some or all cookies by modifying settings within your browser. For guidance on how to do this, please visit http://www.aboutcookies.org. However, if you block strictly necessary cookies, you may be unable to access certain parts of our Websites. If you wish to opt out of remarketing cookies, please visit the Network Advertising Initiative Opt-out Page .

4. HOW WE USE YOUR PERSONAL INFORMATION

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

• where we need to perform a contract with you (e.g. to create an appointment or to process a payment);

• where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (see the "Legitimate Interests" section below); and

• where we need to comply with a legal or regulatory obligation.

We may use personal information held about you in order to:

• provide you with offers for products and services from participating Companies, including offers based on variables such as stated and anticipated customer interests, personal characteristics, or location;

• recommend certain Companies offerings to you (e.g., to suggest Companies to add to your favourites page or remind you when it's time to rebook a service);

• facilitate and fulfil requests for appointments for Company offerings, including their purchase and redemption;

• evaluate eligibility of customers for certain offers, products or services, and evaluate the types of offers, products or services that may be of interest to End users;

• track redemption of Company offerings and perform other analytics;

• improve our Services, including performing analysis, tracking your use of the Services for the purposes of displaying advertising and content;

• provide customer support, including to our Companies or business partners;

• communicate and provide additional information that may be of interest to you or Company clients about Scheduly and our Companies and business partners, such as Scheduly news, special offers and coupons, announcements, and marketing materials;

• send you reminders, technical notices, updates, security alerts and support and administrative messages;

• provide advertisements to you through the Services, email messages, text messages, applications, push notifications, or other methods of communication;

• administer surveys, sweepstakes, contests, or other promotional activities or events sponsored by us or our partners;

• manage our everyday business needs such as administration of the Services, forum management,

• fulfilment, analytics, fraud prevention, enforcement of our corporate reporting obligations, terms of use, or to comply with the law.

Your information will be treated in accordance with applicable data protection law.

5. LEGITIMATE INTERESTS

We may rely on legitimate interests to process your personal information, provided that your interests do not override our own. Where we rely on legitimate interests, these interests are:

• providing, maintaining, and improving the Services to meet the needs of our End Users and Companies;

• understanding how the Services are used to improve their performance in the future;

• customising the Services to provide you with a better user experience;

• marketing to inform End Users and Companies about other Services we offer that might benefit or interest them;

• providing advertising;

• detecting, preventing, or otherwise addressing fraud, abuse, security, or technical issues with our services; and

• enforcing legal claims.

6. KEEPING YOUR PERSONAL INFORMATION SAFE

We employ a variety of physical and technical measures to keep your personal information safe and to prevent unauthorised access to, use or disclosure of it. Databases are stored on secure servers and we control who has access to them (using both physical and electronic means). We restrict access to personal information to Teledesk employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.

Where we have given you (or where you have chosen) a password which enables you to access our Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. We cannot absolutely guarantee the security of the internet, external networks, or your own device, accordingly any online communications (e.g. information provided by e-mail, through our Website or our App) are at your own risk.

7. STORAGE AND RETENTION

Where we store your personal information

Our data is hosted and stored in the US. When necessary, the information that we collect from you may be transferred to, and stored at, a destination outside the US and may also be processed by staff operating outside the US who work for us or for one of our partners. Whenever data is transferred outside of the US, we will take all steps reasonably necessary to ensure that any transferred personal information is treated securely and in accordance with applicable data protection laws.

Data Retention

Scheduly will store personal data as long as Company accounts continue to use our software, and for a period of not more than 24 months thereafter. Users may elect to have their data removed from Scheduly either by contacting the Company directly or by contacting users on Scheduly.com. In the case that a Company explicitly indicates their intention to cease to use our software and have their data deleted, personally identifiable information stored with their account shall be encrypted and/or removed. Other information related to activity on the App will be retained for reporting and analytical purposes, or other purposes at set forth in Section 8.

8. DISCLOSING YOUR PERSONAL INFORMATION

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share the personal information that we collect with third parties, unless you ask or authorise us to do so. However, there are occasions where we may need to disclose your personal information. Where we do so, any such disclosure will be on the basis that these third parties are required to keep the information we give them confidential and secure, and will not use it for any other purpose than to carry out the services they are performing for us. We may disclose personal information as follows:

• to affiliated companies (e.g., subsidiaries and other companies owned by or controlled by Teledesk);

• to service providers that are hired by us to provide administrative and communication services on our behalf, such as website hosting, the processing and delivery of mailings, providing customer support, or providing credit card processing services;

• to Companies where you have purchased services from a Company through Scheduly, or participated in an offer, contest or other activity sponsored or offered through Scheduly on behalf of the Company. We may also provide Companies with other personal information about you on your Scheduly account to send customised offers, to validate the purchases, to aid and troubleshoot redemption, to combat fraud, as part of legal proceedings affecting Scheduly and the Company, to facilitate a direct relationship between Companies and customers, and to enable Companies to communicate electronically with customers who make purchases from the Company;

• to business partners and other advertisers as part of an offer, contest, distribution partnership, or other activity that is provided by or in conjunction with Scheduly and its business partners and in which you have elected to participate. For example, if you are referred to Scheduly from a business partner's website or through an invitation facilitated by or in conjunction with a Scheduly business partner, Scheduly may provide that business partner with contact information and transactional information;

• to the public when any user of the Scheduly access your favourites page. You may, however, hide this information from the public by marking your favourites page as private;

• to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this policy; and

• to our professional advisors.

If you are a Company

We may share some or all of your personal information, including but not limited to booking information, staff member names, Company offerings, ratings and reviews, prices and discounts, appointment availability, and related data (collectively "Company Information") with end users who have signed up or registered for Scheduly and with Scheduly business partners and affiliates with which Scheduly is working:

• we may feed Company information to third party websites (excluding customer lists), which may result in Company information appearing on a third-party website, mobile application or in search engine results; and such results may include a corresponding link to schedule an appointment through Scheduly;

• Scheduly may contact Company employees through email to invite them to create a Scheduly account with a restricted login;

• we may use certain contact information to promote your goods and services through a variety of online and offline advertising and promotional media, including, but not limited to Google, Google AdWords, Facebook Ads, Twitter, e-mail distribution lists, and third-party business partners and affiliates; or

• if you have participated in any joint Company offerings or promotions with other Partners, Scheduly may disclose your personal information to its Partners and/or advertisers, as part of such offer, contest, or other activity that is provided by or in conjunction with Scheduly and its business partners and in which you have elected to participate.

Aggregated Data

We may use aggregated non-personally identifiable data to:

• assist us to better understand how our customers are using the Services,

• provide our customers with further information regarding the uses and benefits of the Services,

• enhance small business productivity, including by creating useful business insights from that aggregated data and allowing you to benchmark your business’s performance against that aggregated data, and

• otherwise to improve the Services.

9. DISCLOSURES REQUIRED BY LAW

We are subject to the law like everyone else. We may be required to give information to legal and/or regulatory authorities if they so request, or if they have the proper authorisation such as a search warrant or court order.

We also may need to retain and disclose certain personal information about you to legal and/or regulatory authorities and to appropriate agencies to conduct anti-money laundering checks and to assist with fraud prevention. We will disclose this information as is required by law.

10. LINKS TO THIRD PARTY WEBSITES

This Privacy Policy applies solely to the personal information collected by Scheduly and does not apply to third party websites. Scheduly is not responsible for the privacy policies of third party websites. You should read the privacy policies of other websites before providing them with any personal information about you.

11. ACCESS TO YOUR ACCOUNT

To quickly and efficiently resolve customer support issues related to your account, you consent to us logging into your account from time-to-time. If you do not wish us to access your account, then you may notify us in writing.

12. INTERNATIONAL TRANSFERS OF YOUR PERSONAL DATA

To bring you Services, we operate globally. In order to do so, your personal information may be transferred to, and processed in countries other than the country you live in, outside of your home country, including to Australia and the United States. These countries may have laws different to what you’re used to. Rest assured, where we disclose Personal Data to a third party in another country, we put safeguards in place to ensure your Personal Data remains protected.

Specifically, Scheduly hosts data with Digital Ocean in the United States. This means that your personal information will be transferred to the US. The servers on which personal information is stored are kept in a controlled and secure environment.

European Economic Area (EEA) users: This means that your information may be transferred outside of the EEA. Where your personal information is transferred outside the EEA, it will only be transferred to countries that have been deemed to provide adequate protection for EEA information, or to a third party where we have approved transfer mechanisms in place to protect your personal information – i.e., by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified (for transfers to US based third parties).

Australian users: The third parties we share data with do not control, and are not permitted to access or use your Personal Data, except for the limited purpose it was provided. This means that, for the purposes of Australian privacy legislation and Australian users, Scheduly does not disclose Personal Data to third parties located overseas

13. YOUR RIGHTS

We want you to make sure you understand your legal rights, which are as follows:

• where your personal information is processed on the basis of consent, the right to withdraw that consent;

• the right to confirmation as to whether or not we are holding any of your personal information and, if we are, to obtain a copy of it;

• the right to have certain information provided to you in a portable electronic format (where technically feasible);

• the right to have inaccurate personal information rectified;

• the right to object to your personal information being used for marketing or profiling, or on the basis of our or a third party’s legitimate interests;

• the right to restrict how your personal information is used; and

• the right to be forgotten, which allows you to have your personal information erased in certain circumstances (though this is not an absolute right and may not apply if we need to continue using it for a lawful reason).

If you would like further information about any of your rights or wish to exercise them, please contact us using the details given in Section 1.

14. UPDATING THIS PRIVACY POLICY

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Policy changes). Each version of this Policy will be identified at the top of the page by its effective date.

15. CONTACTING US

If you have any questions regarding this privacy policy, please email us at privacy@Scheduly.com.